Insanity Flashcards
In Va
D must have a mental disease
VA recognizes how many tests for insanity?
2
M’naghten test
1) mental disease
2) unable to know nature and quality of his actions and
3) not know what he was doing was wrong
Volitional test
totally deprived of the mental power to control or restrain his act because of mental disease
to use, d must give
60 day notice before trial
D must raise as
an affirmative defense
also needs
expert testimony to prove mental disease and prove disease to satisfaction of jury
if not guilty by reason of insanity,
d is placed in custody of commissioner of mental health
is insanity available for juveniles?
no
evidence of d’s mental condition at time of offense
shall be admitted if it tends to show d did not have the intent for required offense
to bring up d’s mental condition, d must
provide notice at least 60 days before CC or 21 days before GDC an JDR
requires disclosure of expert reports
voluntary intoxication
not a defense
involuntary intoxication
is a defense
voluntary intoxication can negate
premediation of 1st degree murder
under 18
treated as juveniles